NEW BIA PRECEDENT: Motivation Irrelevant In “Persecutor Bar” Case — Matter of J.M. ALVARADO, 27 I&N Dec. 27 (BIA 2017)

https://www.justice.gov/eoir/page/file/964491/download

Here is the BIA headnote:

“The persecutor bar in section 241(b)(3)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(3)(B)(i) (2012), applies to an alien who assists or otherwise participates in the persecution of an individual because of that person’s race, religion, nationality, membership in a particular social group, or political opinion, without regard to the alien’s personal motivation for assisting or participating in the persecution.”

PANEL:  Appellate Immigration Judges Malphrus, Mullane, Liebowitz

OPINION BY: Judge Malphrus

 

PWS

05-11-17

 

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Alexa Glock
Alexa Glock
7 years ago

“[W]ithout regard to the personal motivation of the alien who assisted or otherwise participated in the persecution.” So is this going to be the answer to the duress issue? What ever happened to Negusie and the requests for amicus briefs on the existence of a duress exception to the persecutor bar?